South Africa Case Law

B.C.B v M.J.S (3018/2024)

B.C.B v M.J.S (3018/2024) [2025] ZALMPPHC 150 (6 August 2025)

Court

Limpopo High Court, Polokwane

Case number

3018/2024

Judge

Makoti

The court found that the requirements for a valid customary marriage under the Recognition of Customary Marriages Act were satisfied. Both parties were of age and consented to the marriage. The marriage was negotiated and partially celebrated in accordance with custom, evidenced by the lobola payment, exchange of gifts, and the subsequent church blessing with the exchange of wedding bands. The court held that the absence of a formal handing over of the bride did not invalidate the marriage, as the families' acceptance and the recognition of the plaintiff as makoti fulfilled the customary requ…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Negotiation
• Handing Over Of Bride

Tlou v Matlala (60676/2019)

Tlou v Matlala (60676/2019) [2025] ZAGPPHC 15 (16 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

60676/2019

Judge

Strijdom

The High Court dismissed a claim that a valid customary marriage existed, finding the plaintiff’s evidence inconsistent and uncorroborated.

• Customary Marriage
• Recognition Of Customary Marriages Act
• Lobola Negotiation
• Validity Of Marriage
• Burden Of Proof
• Customary-marriage

Ntshiba v Moshoeshoe and Others (2469/2023)

Ntshiba v Moshoeshoe and Others (2469/2023) [2024] ZAECMHC 91 (26 November 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2469/2023

Judge

Kunju

The High Court held that a customary marriage existed between the applicant and the deceased and ordered Home Affairs to register it.

• Recognition Of Customary Marriage
• Validity Of Customary Marriage
• Lobola Negotiation
• Registration Of Customary Marriage
• Recognition-of-customary-marriage
• Validity-of-customary-marriage

Seleme v Department of Home Affairs and Others (2020/28304)

Seleme v Department of Home Affairs and Others (2020/28304) [2024] ZAGPJHC 438 (6 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2020/28304

Judge

N Manoim

The High Court refused leave to appeal against its earlier refusal to order recognition of a customary marriage, finding no reasonable prospect of a different outcome.

• Customary Marriage
• Recognition Of Customary Marriages Act
• Validity Requirements
• Lobola Negotiation
• Motion Proceedings
• Leave To Appeal Test

J.E and Others v B.P.M (A36/2023; 2358/2021)

J.E and Others v B.P.M (A36/2023; 2358/2021) [2024] ZAMPMBHC 29 (26 April 2024)

Court

Mbombela High Court, Mpumalanga

Case number

A36/2023; 2358/2021

Judges

Pick, Vukeya, Greyling-Coetzer

The High Court upheld a valid customary marriage, granted condonation for late appeal filings, and dismissed the appeal.

• Customary Marriage Validity
• Recognition Of Customary Marriages Act
• Condonation
• Lobola Negotiation
• Bridal Transfer
• Divorce Under Customary Law

Kunene v Bangaza and Others (1808/2023)

Kunene v Bangaza and Others (1808/2023) [2024] ZAECMHC 18 (9 April 2024)

Court

Eastern Cape High Court, Mthatha

Case number

1808/2023

Judge

Notyesi

The court found that the requirements for a valid customary marriage under section 3(1)(b) of the Customary Marriages Act were met, including spousal consent, lobola negotiation, and celebration. The applicant's contentions regarding the role of emissaries and the performance of rituals were rejected, as the evidence showed that the deceased appointed emissaries, paid lobola, and celebrated the marriage. The court held that customary law is dynamic and does not require strict compliance with all rituals. There was no evidence that the deceased was of unsound mind. The court concluded that the…

Source excerpt

• Customary Marriage
• Validity Of Marriage
• Section 3 1 B Customary Marriages Act
• Lobola Negotiation
• Ritual Compliance
• Condonation Application

Miya v Mnqayane and Another (3342/2018)

Miya v Mnqayane and Another (3342/2018) [2020] ZAFSHC 17 (3 February 2020)

Court

Free State High Court, Bloemfontein

Case number

3342/2018

Judge

Naidoo

The court found that the applicant and first respondent lived together as husband and wife for approximately 17 years, and that lobola was negotiated and paid in full with the consent of both families. The evidence established that the applicant was accompanied and handed over to the first respondent's family, albeit in an abbreviated ceremony, and received a new name in accordance with custom. The court held that the requirements of section 3(1)(b) of the Recognition of Customary Marriages Act were satisfied, and that the absence of elaborate rituals or the full observance of traditional cus…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Negotiation
• Handing Over Of Bride
• Customary Law Requirements

F.C v B.M and Another (2018/59387)

F.C v B.M and Another (2018/59387) [2019] ZAGPPHC 396 (16 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

2018/59387

Judge

Mokose

The High Court declared a customary marriage valid, despite no formal handing-over ceremony, and ordered late registration and issuance of a marriage certificate.

• Recognition Of Customary Marriage
• Lobola Negotiation
• Registration Of Customary Marriage
• Handing Over Ceremony
• Costs Award
• Recognition-of-customary-marriage

Southon v Moropane (14295/10)

Southon v Moropane (14295/10) [2012] ZAGPJHC 146 (18 July 2012)

Court

South Gauteng High Court, Johannesburg

Case number

14295/10

Judge

Saldulker

The court found that all essential requirements for a valid customary marriage under section 3(1) of the Recognition of Customary Marriages Act were fulfilled: both parties consented to marry, lobola was negotiated and paid (R6000), a messenger was appointed, a sheep was slaughtered, and the plaintiff was handed over to the defendant's family. The absence of certain traditional rituals, such as the slaughtering of a cow or giving lehlakore to the chief, did not invalidate the marriage, as customary law is flexible and adapts to contemporary urban settings. The defendant's conduct after the ev…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Negotiation
• Handing Over Of Bride
• Dissolution Of Customary Marriage